MESSRS AZAM AGENCIES LTD. AND ANOTHER vs THE TRANS-OCEANIC — 1971 PLD 56

Citation: 1971 PLD 56

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: MESSRS AZAM AGENCIES LTD. AND ANOTHER vs THE TRANS-OCEANIC JUDGMENT

Headnotes

Case cited as PLD 1971 Karachi 56

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title:MESSRS AZAM AGENCIES LTD. AND ANOTHER vs THE TRANS-OCEANIC JUDGMENT Reported As: PLD 1971 Karachi 56 Result: Suit decreed partly Judgment JUDGMENT This is a suit for damage to cargo under the Carriage of Goods by Sea Act, 1925. The first defendant is a carrier, and, according to the plaint, on or about 21/22nd July 1965, the first plaintiff had shipped a consignment of 1052 bales of cotton yarn and cotton piece goods (hereafter called the said bales) by the s. s. Ocean Energy, a steamer owned by the first defendant, under three bills of lading issued by that defendant. The s.s. Ocean Energy reached Chittagong on or about 3rd August 1965 and discharged the said bales. As some of the said bales were landed damaged and torn, the first plaintiff requested the second defendant, who is the first defendant's agent in Chittagong, to hold a joint survey of the damage and loss to the said bales. Accordingly, a joint survey was held in Chittagong by Messrs James Finlay & Company Ltd. and three survey reports were issued by Messrs James Finaly & Co. According to these survey reports, some of these bales were damaged by water and there was also a shortage of contents in some of the said bales. Therefore the first plaintiff called upon the defendants to pay compensation for the loss and damage thus caused by the failure of the defendants to take proper care of the said bales, but they neither paid the claim of the first plaintiff…

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